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Dance Arts Academy Preschool CUP H-2016-0042CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0042 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a daycare center Located at 2989 E. Copper Point Drive in the C-G Zoning District, by Neudesign Architecture. Case No(s). H-2016-0042 For the Planning & Zoning Commission Hearing Date of: May 5, 2016 (Findings on May 19, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0042 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of May 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a conditional use permit is hereby approved in accord with the conditions of approval in the attached staff report for the hearing date of May 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits: Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of May 5, 2016 EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 1 STAFF REPORT Hearing Date: May 5, 2016 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Dance Arts Academy Preschool H-2016-0042 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant has applied for a conditional use permit (CUP) for a daycare center in a C-G zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on May 5, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Amanda Bidwell ii. In opposition: None iii. Commenting: Christy Bowens iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The amount of outdoor space provided for the daycare ii. Safety of children c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0042 as presented in the staff report for the hearing date of May 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0042 as presented during the hearing on May 5, 2016, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2016-0042 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 2 The subject property is located 2989 E. Copper Point Drive, in the NE ¼ of Section 20, Township 3 North, Range 1 East. B. Owner(s): Bentley Investments, LLC 1312 E. Greenhurst Nampa, ID 83685 C. Applicant: Neudesign Architecture, LLC 725 E. 2nd Street Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 18 and May 2, 2016 C. Radius notices mailed to properties within 300 feet on: April 14, 2016 D. Applicant posted notice on site by: April 25, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is developed with a commercial building currently operating with an indoor recreation facility the property is in the C-G zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by commercial property, zoned C-G. C. History of Previous Actions: 1. In 2005, a certificate of zoning compliance was approved for the commercial building (CZC- 05-116). D. Utilities: 1. Public Works: a. Location of sewer: The existing building is currently connected to municipal sewer service. b. Location of water: The existing building is currently connected to municipal water service. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 3 VII. COMPREHENSIVE PLAN POLICIES AND GOALS The FLUM designation for this site is Mixed Use – Regional (MU-R). The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry or entertainment uses (see pgs. 30-31, Comprehensive Plan for more information). The proposed use of the site for a preschool is a fairly common use in the C-G zone; the UDC classifies the proposed use as a daycare center and as such requires conditional use approval in the C- G district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” There is adequate water supply and pressure available to the site for fire protection.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed preschool will contribute to the variety of services currently lacking in this area of the City.  “Require all commercial businesses to install and maintain landscaping.” (2.01.03B) There is an existing landscaped street buffer on this site along E. Copper Point Drive. The landscaping has previously approved and must be maintained by the property owner or a business owner’s association in accord with UDC 11-3B-7C.2b.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The subject property is within close proximity to several residential districts to the south and west. For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 4 conditional, and prohibited uses in the C-G zoning district. A daycare center (preschool) requires conditional use permit approval; subject to the specific use standards set forth in UDC 11-4-3-9. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional use permit (CUP): The applicant requests approval to operate a preschool from an existing building in the C-G zoning district. The proposed use is classified as “Daycare Center” in the UDC which requires conditional use approval in the C-G district. The applicant is proposing to occupy a 1,000 square foot tenant space in an existing 6,000 square foot building. Access to the site is provided via E. Copper Point Drive. Parking and street buffer landscaping exist on the site. No exterior modifications to the building are proposed however, the applicant will be responsible to obtain a certificate of occupancy from the Building Official prior to operating from the site. The applicant is proposing to have no more than 18 students at any one time, and to work closely with the dance studio that occupies the other unit in the building. Specific Use Standards: Daycare facilities have specific use standards that are set forth in UDC 11- 4-3-9. These standards include the following items: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The number of proposed children (18) meets the requirements of the Daycare Center as defined by the UDC. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The applicant shall comply with this standard 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The applicant has shown that the maximum number of children at any one time will be eighteen (18). The applicant shall disclose the hours of operation prior to receipt of any certificate of occupancy. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. The applicant shall comply with this standard. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The use does not adjoin, nor is it adjacent to a residential use or district. EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 5 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. This standard is not applicable. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. (Ord. 14-1592, 1-21-2014) B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. (Ord. 14-1623, 9-2-2014) All recreational activities will be conducted in doors in conjunction with the dance studio. Site/Landscape Plan: A site/landscape plan is included in Exhibit A that was approved with the original Certificate of Zoning Compliance in 2005. No changes to the site are proposed or approved with the subject application. Parking: Parking was required with development of the site based on the commercial nature of the existing commercial building (approximately 6,000 s.f.). A total of 29 parking spaces are constructed on the site exceeding the UDC standards of 1 space per 500 square feet of gross floor area consistent with the C-G zoning district. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Previously approved Site/Landscape Plan 3. Proposed Site/Landscape Plan 4. Proposed Floor Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 6 C. Required Findings from Unified Development Code Exhibit A.1: Vicinity Map EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 7 Exhibit A.2: Previously Approved Site/Landscape Plan EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 8 Exhibit A.3: Site/Landscape Plan EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 9 A.4 Proposed Floor Plan EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 10 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site. 1.2 The applicant shall submit a tenant improvement application to the building division and receive certificate of occupancy prior to operation of the preschool. 1.3 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 1.4 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.5 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.6 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-9. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 Prior to certificate of occupancy approval, the applicant will need to apply for a tenant improvement permit and receive a life-safety review from the fire inspector. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 Republic Services has not submitted comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 It has been determined that ACHD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. There is no impact fee due for this application and an ACHD inspection is not required. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 11 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed preschool use and the dimensional & development regulations of the C-G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Industrial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. EXHIBIT A Dance Arts Academy Preschool H-2016-0042 PAGE 8 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The May 5, 2016Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.